Amendment to Family Code Marriage Provisions

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EXECUTIVE ORDER NO. 227: Amendment to Family Code Marriage Provisions

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Title Source: Supreme Court: Amendment to Family Code Marriage Provisions

Law: Executive Order No. 227

Decision Date: Jul 17, 1987

Executive Order No. 227 amends the Family Code of the Philippines to recognize marriages solemnized outside the country, allow remarriage after valid foreign divorce, declare void marriages due to psychological incapacity, and establish the prescription of action for declaring absolute nullity, with the amendments taking effect upon the implementation of the Family Code.

Law Summary

Psychological Incapacity as Grounds for Nullity

A marriage is void if at least one party was psychologically incapacitated to comply with essential marital obligations at the time of marriage.
Such incapacity need not be evident before solemnization; it suffices if it manifests after the marriage ceremony.

Prescription of Actions for Annulment Based on Psychological Incapacity

Actions or defenses seeking declaration of absolute nullity of a marriage do not prescribe (i.e., there is no time limit to file).
Exception applies for marriages celebrated before the Family Code took effect and involving psychological incapacity, where such actions must be filed within ten years after the Code's effectivity.

Effectivity Provision

The amendments take effect concurrently with the effectivity of the Family Code of the Philippines.
The order was signed and promulgated by the President and the Executive Secretary on July 17, 1987, in Manila.

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